Public Act 104-0717
 
SB3272 EnrolledLRB104 18654 AAS 32097 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Procurement Code is amended by 
changing Section 1-10 as follows:
 
    (30 ILCS 500/1-10)
    (Text of Section before amendment by P.A. 104-458)
    Sec. 1-10. Application. 
    (a) This Code applies only to procurements for which 
bidders, offerors, potential contractors, or contractors were 
first solicited on or after July 1, 1998. This Code shall not 
be construed to affect or impair any contract, or any 
provision of a contract, entered into based on a solicitation 
prior to the implementation date of this Code as described in 
Article 99, including, but not limited to, any covenant 
entered into with respect to any revenue bonds or similar 
instruments. All procurements for which contracts are 
solicited between the effective date of Articles 50 and 99 and 
July 1, 1998 shall be substantially in accordance with this 
Code and its intent.
    (b) This Code shall apply regardless of the source of the 
funds with which the contracts are paid, including federal 
assistance moneys. This Code shall not apply to:
        (1) Contracts between the State and its political 
    subdivisions or other governments, or between State 
    governmental bodies, except as specifically provided in 
    this Code.
        (2) Grants, except for the filing requirements of 
    Section 20-80.
        (3) Purchase of care, except as provided in Section 
    5-30.6 of the Illinois Public Aid Code and this Section.
        (4) Hiring of an individual as an employee and not as 
    an independent contractor, whether pursuant to an 
    employment code or policy or by contract directly with 
    that individual.
        (5) Collective bargaining contracts.
        (6) Purchase of real estate, except that notice of 
    this type of contract with a value of more than $25,000 
    must be published in the Procurement Bulletin within 10 
    calendar days after the deed is recorded in the county of 
    jurisdiction. The notice shall identify the real estate 
    purchased, the names of all parties to the contract, the 
    value of the contract, and the effective date of the 
    contract.
        (7) Contracts necessary to prepare for anticipated 
    litigation, enforcement actions, or investigations, 
    provided that the chief legal counsel to the Governor 
    shall give his or her prior approval when the procuring 
    agency is one subject to the jurisdiction of the Governor, 
    and provided that the chief legal counsel of any other 
    procuring entity subject to this Code shall give his or 
    her prior approval when the procuring entity is not one 
    subject to the jurisdiction of the Governor.
        (8) (Blank).
        (9) Procurement expenditures by the Illinois 
    Conservation Foundation when only private funds are used.
        (10) (Blank). 
        (11) Public-private agreements entered into according 
    to the procurement requirements of Section 20 of the 
    Public-Private Partnerships for Transportation Act and 
    design-build agreements entered into according to the 
    procurement requirements of Section 25 of the 
    Public-Private Partnerships for Transportation Act.
        (12) (A) Contracts for legal, financial, and other 
    professional and artistic services entered into by the 
    Illinois Finance Authority in which the State of Illinois 
    is not obligated. Such contracts shall be awarded through 
    a competitive process authorized by the members of the 
    Illinois Finance Authority and are subject to Sections 
    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
    as well as the final approval by the members of the 
    Illinois Finance Authority of the terms of the contract.
        (B) Contracts for legal and financial services entered 
    into by the Illinois Housing Development Authority in 
    connection with the issuance of bonds in which the State 
    of Illinois is not obligated. Such contracts shall be 
    awarded through a competitive process authorized by the 
    members of the Illinois Housing Development Authority and 
    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
    and 50-37 of this Code, as well as the final approval by 
    the members of the Illinois Housing Development Authority 
    of the terms of the contract. 
        (13) Contracts for services, commodities, and 
    equipment to support the delivery of timely forensic 
    science services in consultation with and subject to the 
    approval of the Chief Procurement Officer as provided in 
    subsection (d) of Section 5-4-3a of the Unified Code of 
    Corrections, except for the requirements of Sections 
    20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
    Code; however, the Chief Procurement Officer may, in 
    writing with justification, waive any certification 
    required under Article 50 of this Code. For any contracts 
    for services which are currently provided by members of a 
    collective bargaining agreement, the applicable terms of 
    the collective bargaining agreement concerning 
    subcontracting shall be followed.
        On and after January 1, 2019, this paragraph (13), 
    except for this sentence, is inoperative. 
        (14) Contracts for participation expenditures required 
    by a domestic or international trade show or exhibition of 
    an exhibitor, member, or sponsor.
        (15) Contracts with a railroad or utility that 
    requires the State to reimburse the railroad or utilities 
    for the relocation of utilities for construction or other 
    public purpose. Contracts included within this paragraph 
    (15) shall include, but not be limited to, those 
    associated with: relocations, crossings, installations, 
    and maintenance. For the purposes of this paragraph (15), 
    "railroad" means any form of non-highway ground 
    transportation that runs on rails or electromagnetic 
    guideways and "utility" means: (1) public utilities as 
    defined in Section 3-105 of the Public Utilities Act, (2) 
    telecommunications carriers as defined in Section 13-202 
    of the Public Utilities Act, (3) electric cooperatives as 
    defined in Section 3.4 of the Electric Supplier Act, (4) 
    telephone or telecommunications cooperatives as defined in 
    Section 13-212 of the Public Utilities Act, (5) rural 
    water or wastewater waste water systems with 10,000 
    connections or less, (6) a holder as defined in Section 
    21-201 of the Public Utilities Act, and (7) municipalities 
    owning or operating utility systems consisting of public 
    utilities as that term is defined in Section 11-117-2 of 
    the Illinois Municipal Code. 
        (16) Procurement expenditures necessary for the 
    Department of Public Health to provide the delivery of 
    timely newborn screening services in accordance with the 
    Newborn Metabolic Screening Act. 
        (17) Procurement expenditures necessary for the 
    Department of Agriculture, the Department of Financial and 
    Professional Regulation, the Department of Human Services, 
    and the Department of Public Health to implement the 
    Compassionate Use of Medical Cannabis Program and Opioid 
    Alternative Pilot Program requirements and ensure access 
    to medical cannabis for patients with debilitating medical 
    conditions in accordance with the Compassionate Use of 
    Medical Cannabis Program Act.
        (18) This Code does not apply to any procurements 
    necessary for the Department of Agriculture, the 
    Department of Financial and Professional Regulation, the 
    Department of Human Services, the Department of Commerce 
    and Economic Opportunity, and the Department of Public 
    Health to implement the Cannabis Regulation and Tax Act if 
    the applicable agency has made a good faith determination 
    that it is necessary and appropriate for the expenditure 
    to fall within this exemption and if the process is 
    conducted in a manner substantially in accordance with the 
    requirements of Sections 20-160, 25-60, 30-22, 50-5, 
    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
    50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
    Section 50-35, compliance applies only to contracts or 
    subcontracts over $100,000. Notice of each contract 
    entered into under this paragraph (18) that is related to 
    the procurement of goods and services identified in 
    paragraph (1) through (9) of this subsection shall be 
    published in the Procurement Bulletin within 14 calendar 
    days after contract execution. The Chief Procurement 
    Officer shall prescribe the form and content of the 
    notice. Each agency shall provide the Chief Procurement 
    Officer, on a monthly basis, in the form and content 
    prescribed by the Chief Procurement Officer, a report of 
    contracts that are related to the procurement of goods and 
    services identified in this subsection. At a minimum, this 
    report shall include the name of the contractor, a 
    description of the supply or service provided, the total 
    amount of the contract, the term of the contract, and the 
    exception to this Code utilized. A copy of any or all of 
    these contracts shall be made available to the Chief 
    Procurement Officer immediately upon request. The Chief 
    Procurement Officer shall submit a report to the Governor 
    and General Assembly no later than November 1 of each year 
    that includes, at a minimum, an annual summary of the 
    monthly information reported to the Chief Procurement 
    Officer. This exemption becomes inoperative 5 years after 
    June 25, 2019 (the effective date of Public Act 101-27).
        (19) Acquisition of modifications or adjustments, 
    limited to assistive technology devices and assistive 
    technology services, adaptive equipment, repairs, and 
    replacement parts to provide reasonable accommodations (i) 
    that enable a qualified applicant with a disability to 
    complete the job application process and be considered for 
    the position such qualified applicant desires, (ii) that 
    modify or adjust the work environment to enable a 
    qualified current employee with a disability to perform 
    the essential functions of the position held by that 
    employee, (iii) to enable a qualified current employee 
    with a disability to enjoy equal benefits and privileges 
    of employment as are enjoyed by other similarly situated 
    employees without disabilities, and (iv) that allow a 
    customer, client, claimant, or member of the public 
    seeking State services full use and enjoyment of and 
    access to its programs, services, or benefits. 
        For purposes of this paragraph (19):
        "Assistive technology devices" means any item, piece 
    of equipment, or product system, whether acquired 
    commercially off the shelf, modified, or customized, that 
    is used to increase, maintain, or improve functional 
    capabilities of individuals with disabilities.
        "Assistive technology services" means any service that 
    directly assists an individual with a disability in 
    selection, acquisition, or use of an assistive technology 
    device.
        "Qualified" has the same meaning and use as provided 
    under the federal Americans with Disabilities Act when 
    describing an individual with a disability. 
        (20) Procurement expenditures necessary for the 
    Illinois Commerce Commission to hire third-party 
    facilitators pursuant to Sections 16-105.17 and 16-108.18 
    of the Public Utilities Act, or an ombudsman pursuant to 
    Section 16-107.5 of the Public Utilities Act, a 
    facilitator pursuant to Section 16-105.17 of the Public 
    Utilities Act, or a grid auditor pursuant to Section 
    16-105.10 of the Public Utilities Act. 
        (21) Procurement expenditures for the purchase, 
    renewal, and expansion of software, software licenses, or 
    software maintenance agreements that support the efforts 
    of the Illinois State Police to enforce, regulate, and 
    administer the Firearm Owners Identification Card Act, the 
    Firearm Concealed Carry Act, the Firearms Restraining 
    Order Act, the Firearm Dealer License Certification Act, 
    the Law Enforcement Agencies Data System (LEADS), the 
    Uniform Crime Reporting Act, the Criminal Identification 
    Act, the Illinois Uniform Conviction Information Act, and 
    the Gun Trafficking Information Act, or establish or 
    maintain record management systems necessary to conduct 
    human trafficking investigations or gun trafficking or 
    other stolen firearm investigations. This paragraph (21) 
    applies to contracts entered into on or after January 10, 
    2023 (the effective date of Public Act 102-1116) and the 
    renewal of contracts that are in effect on January 10, 
    2023 (the effective date of Public Act 102-1116). 
        (22) Contracts for project management services and 
    system integration services required for the completion of 
    the State's enterprise resource planning project. This 
    exemption becomes inoperative 5 years after June 7, 2023 
    (the effective date of the changes made to this Section by 
    Public Act 103-8). This paragraph (22) applies to 
    contracts entered into on or after June 7, 2023 (the 
    effective date of the changes made to this Section by 
    Public Act 103-8) and the renewal of contracts that are in 
    effect on June 7, 2023 (the effective date of the changes 
    made to this Section by Public Act 103-8). 
        (23) Procurements necessary for the Department of 
    Insurance to implement the Illinois Health Benefits 
    Exchange Law if the Department of Insurance has made a 
    good faith determination that it is necessary and 
    appropriate for the expenditure to fall within this 
    exemption. The procurement process shall be conducted in a 
    manner substantially in accordance with the requirements 
    of Sections 20-160 and 25-60 and Article 50 of this Code. A 
    copy of these contracts shall be made available to the 
    Chief Procurement Officer immediately upon request. This 
    paragraph is inoperative 5 years after June 27, 2023 (the 
    effective date of Public Act 103-103). 
        (24) Contracts for public education programming, 
    noncommercial sustaining announcements, public service 
    announcements, and public awareness and education 
    messaging with the nonprofit trade associations of the 
    providers of those services that inform the public on 
    immediate and ongoing health and safety risks and hazards. 
        (25) Procurements necessary for the Department of 
    Early Childhood to implement the Department of Early 
    Childhood Act if the Department has made a good faith 
    determination that it is necessary and appropriate for the 
    expenditure to fall within this exemption. This exemption 
    shall only be used for products and services procured 
    solely for use by the Department of Early Childhood. The 
    procurements may include those necessary to design and 
    build integrated, operational systems of programs and 
    services. The procurements may include, but are not 
    limited to, those necessary to align and update program 
    standards, integrate funding systems, design and establish 
    data and reporting systems, align and update models for 
    technical assistance and professional development, design 
    systems to manage grants and ensure compliance, design and 
    implement management and operational structures, and 
    establish new means of engaging with families, educators, 
    providers, and stakeholders. The procurement processes 
    shall be conducted in a manner substantially in accordance 
    with the requirements of Article 50 (ethics) and Sections 
    5-5 (Procurement Policy Board), 5-7 (Commission on Equity 
    and Inclusion), 20-80 (contract files), 20-120 
    (subcontractors), 20-155 (paperwork), 20-160 
    (ethics/campaign contribution prohibitions), 25-60 
    (prevailing wage), and 25-90 (prohibited and authorized 
    cybersecurity) of this Code. Beginning January 1, 2025, 
    the Department of Early Childhood shall provide a 
    quarterly report to the General Assembly detailing a list 
    of expenditures and contracts for which the Department 
    uses this exemption. This paragraph is inoperative on and 
    after July 1, 2027. 
        (26) Procurements that are necessary for increasing 
    the recruitment and retention of State employees, 
    particularly minority candidates for employment, 
    including: 
            (A) procurements related to registration fees for 
        job fairs and other outreach and recruitment events;
            (B) production of recruitment materials; and
            (C) other services related to recruitment and 
        retention of State employees.
        The exemption under this paragraph (26) applies only 
    if the State agency has made a good faith determination 
    that it is necessary and appropriate for the expenditure 
    to fall within this paragraph (26). The procurement 
    process under this paragraph (26) shall be conducted in a 
    manner substantially in accordance with the requirements 
    of Sections 20-160 and 25-60 and Article 50 of this Code. A 
    copy of these contracts shall be made available to the 
    Chief Procurement Officer immediately upon request. 
    Nothing in this paragraph (26) authorizes the replacement 
    or diminishment of State responsibilities in hiring or the 
    positions that effectuate that hiring. This paragraph (26) 
    is inoperative on and after June 30, 2029. 
        (27) Procurements necessary for the Department of 
    Healthcare and Family Services to implement changes to the 
    State's Integrated Eligibility System to ensure the 
    system's compliance with federal implementation mandates 
    and deadlines, if the Department of Healthcare and Family 
    Services has made a good faith determination that it is 
    necessary and appropriate for the procurement to fall 
    within this exemption. 
    Notwithstanding any other provision of law, for contracts 
with an annual value of more than $100,000 entered into on or 
after October 1, 2017 under an exemption provided in any 
paragraph of this subsection (b), except paragraph (1), (2), 
or (5), each State agency shall post to the appropriate 
procurement bulletin the name of the contractor, a description 
of the supply or service provided, the total amount of the 
contract, the term of the contract, and the exception to the 
Code utilized. The chief procurement officer shall submit a 
report to the Governor and General Assembly no later than 
November 1 of each year that shall include, at a minimum, an 
annual summary of the monthly information reported to the 
chief procurement officer. 
    (c) This Code does not apply to the electric power 
procurement process provided for under Section 1-75 of the 
Illinois Power Agency Act and Section 16-111.5 of the Public 
Utilities Act. This Code does not apply to the procurement of 
technical and policy experts pursuant to Section 1-129 of the 
Illinois Power Agency Act. 
    (d) Except for Section 20-160 and Article 50 of this Code, 
and as expressly required by Section 9.1 of the Illinois 
Lottery Law, the provisions of this Code do not apply to the 
procurement process provided for under Section 9.1 of the 
Illinois Lottery Law. 
    (e) This Code does not apply to the process used by the 
Capital Development Board to retain a person or entity to 
assist the Capital Development Board with its duties related 
to the determination of costs of a clean coal SNG brownfield 
facility, as defined by Section 1-10 of the Illinois Power 
Agency Act, as required in subsection (h-3) of Section 9-220 
of the Public Utilities Act, including calculating the range 
of capital costs, the range of operating and maintenance 
costs, or the sequestration costs or monitoring the 
construction of clean coal SNG brownfield facility for the 
full duration of construction.
    (f) (Blank). 
    (g) (Blank).
    (h) This Code does not apply to the process to procure or 
contracts entered into in accordance with Sections 11-5.2 and 
11-5.3 of the Illinois Public Aid Code. 
    (i) Each chief procurement officer may access records 
necessary to review whether a contract, purchase, or other 
expenditure is or is not subject to the provisions of this 
Code, unless such records would be subject to attorney-client 
privilege. 
    (j) This Code does not apply to the process used by the 
Capital Development Board to retain an artist or work or works 
of art as required in Section 14 of the Capital Development 
Board Act. 
    (k) This Code does not apply to the process to procure 
contracts, or contracts entered into, by the State Board of 
Elections or the State Electoral Board for hearing officers 
appointed pursuant to the Election Code. 
    (l) This Code does not apply to the processes used by the 
Illinois Student Assistance Commission to procure supplies and 
services paid for from the private funds of the Illinois 
Prepaid Tuition Fund. As used in this subsection (l), "private 
funds" means funds derived from deposits paid into the 
Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
    (m) This Code shall apply regardless of the source of 
funds with which contracts are paid, including federal 
assistance moneys. Except as specifically provided in this 
Code, this Code shall not apply to procurement expenditures 
necessary for the Department of Public Health to conduct the 
Healthy Illinois Survey in accordance with Section 2310-431 of 
the Department of Public Health Powers and Duties Law of the 
Civil Administrative Code of Illinois. 
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23; 
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff. 
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2, 
eff. 6-16-25; 104-417, eff. 8-15-25)
 
    (Text of Section after amendment by P.A. 104-458)
    Sec. 1-10. Application. 
    (a) This Code applies only to procurements for which 
bidders, offerors, potential contractors, or contractors were 
first solicited on or after July 1, 1998. This Code shall not 
be construed to affect or impair any contract, or any 
provision of a contract, entered into based on a solicitation 
prior to the implementation date of this Code as described in 
Article 99, including, but not limited to, any covenant 
entered into with respect to any revenue bonds or similar 
instruments. All procurements for which contracts are 
solicited between the effective date of Articles 50 and 99 and 
July 1, 1998 shall be substantially in accordance with this 
Code and its intent.
    (b) This Code shall apply regardless of the source of the 
funds with which the contracts are paid, including federal 
assistance moneys. This Code shall not apply to:
        (1) Contracts between the State and its political 
    subdivisions or other governments, or between State 
    governmental bodies, except as specifically provided in 
    this Code.
        (2) Grants, except for the filing requirements of 
    Section 20-80.
        (3) Purchase of care, except as provided in Section 
    5-30.6 of the Illinois Public Aid Code and this Section.
        (4) Hiring of an individual as an employee and not as 
    an independent contractor, whether pursuant to an 
    employment code or policy or by contract directly with 
    that individual.
        (5) Collective bargaining contracts.
        (6) Purchase of real estate, except that notice of 
    this type of contract with a value of more than $25,000 
    must be published in the Procurement Bulletin within 10 
    calendar days after the deed is recorded in the county of 
    jurisdiction. The notice shall identify the real estate 
    purchased, the names of all parties to the contract, the 
    value of the contract, and the effective date of the 
    contract.
        (7) Contracts necessary to prepare for anticipated 
    litigation, enforcement actions, or investigations, 
    provided that the chief legal counsel to the Governor 
    shall give his or her prior approval when the procuring 
    agency is one subject to the jurisdiction of the Governor, 
    and provided that the chief legal counsel of any other 
    procuring entity subject to this Code shall give his or 
    her prior approval when the procuring entity is not one 
    subject to the jurisdiction of the Governor.
        (8) (Blank).
        (9) Procurement expenditures by the Illinois 
    Conservation Foundation when only private funds are used.
        (10) (Blank). 
        (11) Public-private agreements entered into according 
    to the procurement requirements of Section 20 of the 
    Public-Private Partnerships for Transportation Act and 
    design-build agreements entered into according to the 
    procurement requirements of Section 25 of the 
    Public-Private Partnerships for Transportation Act.
        (12) (A) Contracts for legal, financial, and other 
    professional and artistic services entered into by the 
    Illinois Finance Authority in which the State of Illinois 
    is not obligated. Such contracts shall be awarded through 
    a competitive process authorized by the members of the 
    Illinois Finance Authority and are subject to Sections 
    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, 
    as well as the final approval by the members of the 
    Illinois Finance Authority of the terms of the contract.
        (B) Contracts for legal and financial services entered 
    into by the Illinois Housing Development Authority in 
    connection with the issuance of bonds in which the State 
    of Illinois is not obligated. Such contracts shall be 
    awarded through a competitive process authorized by the 
    members of the Illinois Housing Development Authority and 
    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, 
    and 50-37 of this Code, as well as the final approval by 
    the members of the Illinois Housing Development Authority 
    of the terms of the contract. 
        (13) Contracts for services, commodities, and 
    equipment to support the delivery of timely forensic 
    science services in consultation with and subject to the 
    approval of the Chief Procurement Officer as provided in 
    subsection (d) of Section 5-4-3a of the Unified Code of 
    Corrections, except for the requirements of Sections 
    20-60, 20-65, 20-70, and 20-160 and Article 50 of this 
    Code; however, the Chief Procurement Officer may, in 
    writing with justification, waive any certification 
    required under Article 50 of this Code. For any contracts 
    for services which are currently provided by members of a 
    collective bargaining agreement, the applicable terms of 
    the collective bargaining agreement concerning 
    subcontracting shall be followed.
        On and after January 1, 2019, this paragraph (13), 
    except for this sentence, is inoperative. 
        (14) Contracts for participation expenditures required 
    by a domestic or international trade show or exhibition of 
    an exhibitor, member, or sponsor.
        (15) Contracts with a railroad or utility that 
    requires the State to reimburse the railroad or utilities 
    for the relocation of utilities for construction or other 
    public purpose. Contracts included within this paragraph 
    (15) shall include, but not be limited to, those 
    associated with: relocations, crossings, installations, 
    and maintenance. For the purposes of this paragraph (15), 
    "railroad" means any form of non-highway ground 
    transportation that runs on rails or electromagnetic 
    guideways and "utility" means: (1) public utilities as 
    defined in Section 3-105 of the Public Utilities Act, (2) 
    telecommunications carriers as defined in Section 13-202 
    of the Public Utilities Act, (3) electric cooperatives as 
    defined in Section 3.4 of the Electric Supplier Act, (4) 
    telephone or telecommunications cooperatives as defined in 
    Section 13-212 of the Public Utilities Act, (5) rural 
    water or wastewater waste water systems with 10,000 
    connections or less, (6) a holder as defined in Section 
    21-201 of the Public Utilities Act, and (7) municipalities 
    owning or operating utility systems consisting of public 
    utilities as that term is defined in Section 11-117-2 of 
    the Illinois Municipal Code. 
        (16) Procurement expenditures necessary for the 
    Department of Public Health to provide the delivery of 
    timely newborn screening services in accordance with the 
    Newborn Metabolic Screening Act. 
        (17) Procurement expenditures necessary for the 
    Department of Agriculture, the Department of Financial and 
    Professional Regulation, the Department of Human Services, 
    and the Department of Public Health to implement the 
    Compassionate Use of Medical Cannabis Program and Opioid 
    Alternative Pilot Program requirements and ensure access 
    to medical cannabis for patients with debilitating medical 
    conditions in accordance with the Compassionate Use of 
    Medical Cannabis Program Act.
        (18) This Code does not apply to any procurements 
    necessary for the Department of Agriculture, the 
    Department of Financial and Professional Regulation, the 
    Department of Human Services, the Department of Commerce 
    and Economic Opportunity, and the Department of Public 
    Health to implement the Cannabis Regulation and Tax Act if 
    the applicable agency has made a good faith determination 
    that it is necessary and appropriate for the expenditure 
    to fall within this exemption and if the process is 
    conducted in a manner substantially in accordance with the 
    requirements of Sections 20-160, 25-60, 30-22, 50-5, 
    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, 
    50-36, 50-37, 50-38, and 50-50 of this Code; however, for 
    Section 50-35, compliance applies only to contracts or 
    subcontracts over $100,000. Notice of each contract 
    entered into under this paragraph (18) that is related to 
    the procurement of goods and services identified in 
    paragraph (1) through (9) of this subsection shall be 
    published in the Procurement Bulletin within 14 calendar 
    days after contract execution. The Chief Procurement 
    Officer shall prescribe the form and content of the 
    notice. Each agency shall provide the Chief Procurement 
    Officer, on a monthly basis, in the form and content 
    prescribed by the Chief Procurement Officer, a report of 
    contracts that are related to the procurement of goods and 
    services identified in this subsection. At a minimum, this 
    report shall include the name of the contractor, a 
    description of the supply or service provided, the total 
    amount of the contract, the term of the contract, and the 
    exception to this Code utilized. A copy of any or all of 
    these contracts shall be made available to the Chief 
    Procurement Officer immediately upon request. The Chief 
    Procurement Officer shall submit a report to the Governor 
    and General Assembly no later than November 1 of each year 
    that includes, at a minimum, an annual summary of the 
    monthly information reported to the Chief Procurement 
    Officer. This exemption becomes inoperative 5 years after 
    June 25, 2019 (the effective date of Public Act 101-27).
        (19) Acquisition of modifications or adjustments, 
    limited to assistive technology devices and assistive 
    technology services, adaptive equipment, repairs, and 
    replacement parts to provide reasonable accommodations (i) 
    that enable a qualified applicant with a disability to 
    complete the job application process and be considered for 
    the position such qualified applicant desires, (ii) that 
    modify or adjust the work environment to enable a 
    qualified current employee with a disability to perform 
    the essential functions of the position held by that 
    employee, (iii) to enable a qualified current employee 
    with a disability to enjoy equal benefits and privileges 
    of employment as are enjoyed by other similarly situated 
    employees without disabilities, and (iv) that allow a 
    customer, client, claimant, or member of the public 
    seeking State services full use and enjoyment of and 
    access to its programs, services, or benefits. 
        For purposes of this paragraph (19):
        "Assistive technology devices" means any item, piece 
    of equipment, or product system, whether acquired 
    commercially off the shelf, modified, or customized, that 
    is used to increase, maintain, or improve functional 
    capabilities of individuals with disabilities.
        "Assistive technology services" means any service that 
    directly assists an individual with a disability in 
    selection, acquisition, or use of an assistive technology 
    device.
        "Qualified" has the same meaning and use as provided 
    under the federal Americans with Disabilities Act when 
    describing an individual with a disability. 
        (20) Procurement expenditures necessary for the 
    Illinois Commerce Commission to hire third-party 
    facilitators pursuant to Sections 16-105.17 and 16-108.18 
    of the Public Utilities Act, or an ombudsman pursuant to 
    Section 16-107.5 of the Public Utilities Act, a 
    facilitator pursuant to Section 16-105.17 of the Public 
    Utilities Act, a grid auditor pursuant to Section 
    16-105.10 of the Public Utilities Act, a facilitator, 
    expert, or consultant pursuant to Sections 16-126.2 and 
    16-202 of the Public Utilities Act, a facilitator, expert, 
    or consultant pursuant to Section 8-512 of the Public 
    Utilities Act, a procurement monitor pursuant to Section 
    16-111.5 of the Public Utilities Act, an ombudsperson 
    pursuant to Section 20-145 of the Public Utilities Act, or 
    consultants and experts pursuant to Section 5-15 of the 
    Utility Data Access Act. 
        (21) Procurement expenditures for the purchase, 
    renewal, and expansion of software, software licenses, or 
    software maintenance agreements that support the efforts 
    of the Illinois State Police to enforce, regulate, and 
    administer the Firearm Owners Identification Card Act, the 
    Firearm Concealed Carry Act, the Firearms Restraining 
    Order Act, the Firearm Dealer License Certification Act, 
    the Law Enforcement Agencies Data System (LEADS), the 
    Uniform Crime Reporting Act, the Criminal Identification 
    Act, the Illinois Uniform Conviction Information Act, and 
    the Gun Trafficking Information Act, or establish or 
    maintain record management systems necessary to conduct 
    human trafficking investigations or gun trafficking or 
    other stolen firearm investigations. This paragraph (21) 
    applies to contracts entered into on or after January 10, 
    2023 (the effective date of Public Act 102-1116) and the 
    renewal of contracts that are in effect on January 10, 
    2023 (the effective date of Public Act 102-1116). 
        (22) Contracts for project management services and 
    system integration services required for the completion of 
    the State's enterprise resource planning project. This 
    exemption becomes inoperative 5 years after June 7, 2023 
    (the effective date of the changes made to this Section by 
    Public Act 103-8). This paragraph (22) applies to 
    contracts entered into on or after June 7, 2023 (the 
    effective date of the changes made to this Section by 
    Public Act 103-8) and the renewal of contracts that are in 
    effect on June 7, 2023 (the effective date of the changes 
    made to this Section by Public Act 103-8). 
        (23) Procurements necessary for the Department of 
    Insurance to implement the Illinois Health Benefits 
    Exchange Law if the Department of Insurance has made a 
    good faith determination that it is necessary and 
    appropriate for the expenditure to fall within this 
    exemption. The procurement process shall be conducted in a 
    manner substantially in accordance with the requirements 
    of Sections 20-160 and 25-60 and Article 50 of this Code. A 
    copy of these contracts shall be made available to the 
    Chief Procurement Officer immediately upon request. This 
    paragraph is inoperative 5 years after June 27, 2023 (the 
    effective date of Public Act 103-103). 
        (24) Contracts for public education programming, 
    noncommercial sustaining announcements, public service 
    announcements, and public awareness and education 
    messaging with the nonprofit trade associations of the 
    providers of those services that inform the public on 
    immediate and ongoing health and safety risks and hazards. 
        (25) Procurements necessary for the Department of 
    Early Childhood to implement the Department of Early 
    Childhood Act if the Department has made a good faith 
    determination that it is necessary and appropriate for the 
    expenditure to fall within this exemption. This exemption 
    shall only be used for products and services procured 
    solely for use by the Department of Early Childhood. The 
    procurements may include those necessary to design and 
    build integrated, operational systems of programs and 
    services. The procurements may include, but are not 
    limited to, those necessary to align and update program 
    standards, integrate funding systems, design and establish 
    data and reporting systems, align and update models for 
    technical assistance and professional development, design 
    systems to manage grants and ensure compliance, design and 
    implement management and operational structures, and 
    establish new means of engaging with families, educators, 
    providers, and stakeholders. The procurement processes 
    shall be conducted in a manner substantially in accordance 
    with the requirements of Article 50 (ethics) and Sections 
    5-5 (Procurement Policy Board), 5-7 (Commission on Equity 
    and Inclusion), 20-80 (contract files), 20-120 
    (subcontractors), 20-155 (paperwork), 20-160 
    (ethics/campaign contribution prohibitions), 25-60 
    (prevailing wage), and 25-90 (prohibited and authorized 
    cybersecurity) of this Code. Beginning January 1, 2025, 
    the Department of Early Childhood shall provide a 
    quarterly report to the General Assembly detailing a list 
    of expenditures and contracts for which the Department 
    uses this exemption. This paragraph is inoperative on and 
    after July 1, 2027. 
        (26) Procurements that are necessary for increasing 
    the recruitment and retention of State employees, 
    particularly minority candidates for employment, 
    including: 
            (A) procurements related to registration fees for 
        job fairs and other outreach and recruitment events;
            (B) production of recruitment materials; and
            (C) other services related to recruitment and 
        retention of State employees.
        The exemption under this paragraph (26) applies only 
    if the State agency has made a good faith determination 
    that it is necessary and appropriate for the expenditure 
    to fall within this paragraph (26). The procurement 
    process under this paragraph (26) shall be conducted in a 
    manner substantially in accordance with the requirements 
    of Sections 20-160 and 25-60 and Article 50 of this Code. A 
    copy of these contracts shall be made available to the 
    Chief Procurement Officer immediately upon request. 
    Nothing in this paragraph (26) authorizes the replacement 
    or diminishment of State responsibilities in hiring or the 
    positions that effectuate that hiring. This paragraph (26) 
    is inoperative on and after June 30, 2029. 
        (27) Procurements necessary for the Department of 
    Healthcare and Family Services to implement changes to the 
    State's Integrated Eligibility System to ensure the 
    system's compliance with federal implementation mandates 
    and deadlines, if the Department of Healthcare and Family 
    Services has made a good faith determination that it is 
    necessary and appropriate for the procurement to fall 
    within this exemption. 
    Notwithstanding any other provision of law, for contracts 
with an annual value of more than $100,000 entered into on or 
after October 1, 2017 under an exemption provided in any 
paragraph of this subsection (b), except paragraph (1), (2), 
or (5), each State agency shall post to the appropriate 
procurement bulletin the name of the contractor, a description 
of the supply or service provided, the total amount of the 
contract, the term of the contract, and the exception to the 
Code utilized. The chief procurement officer shall submit a 
report to the Governor and General Assembly no later than 
November 1 of each year that shall include, at a minimum, an 
annual summary of the monthly information reported to the 
chief procurement officer. 
    (c) This Code does not apply to the electric power 
procurement process provided for under Section 1-75 of the 
Illinois Power Agency Act and Section 16-111.5 of the Public 
Utilities Act. This Code does not apply to the procurement of 
technical and policy experts pursuant to Section 1-129 of the 
Illinois Power Agency Act. 
    (d) Except for Section 20-160 and Article 50 of this Code, 
and as expressly required by Section 9.1 of the Illinois 
Lottery Law, the provisions of this Code do not apply to the 
procurement process provided for under Section 9.1 of the 
Illinois Lottery Law. 
    (e) This Code does not apply to the process used by the 
Capital Development Board to retain a person or entity to 
assist the Capital Development Board with its duties related 
to the determination of costs of a clean coal SNG brownfield 
facility, as defined by Section 1-10 of the Illinois Power 
Agency Act, as required in subsection (h-3) of Section 9-220 
of the Public Utilities Act, including calculating the range 
of capital costs, the range of operating and maintenance 
costs, or the sequestration costs or monitoring the 
construction of clean coal SNG brownfield facility for the 
full duration of construction.
    (f) (Blank). 
    (g) (Blank).
    (h) This Code does not apply to the process to procure or 
contracts entered into in accordance with Sections 11-5.2 and 
11-5.3 of the Illinois Public Aid Code. 
    (i) Each chief procurement officer may access records 
necessary to review whether a contract, purchase, or other 
expenditure is or is not subject to the provisions of this 
Code, unless such records would be subject to attorney-client 
privilege. 
    (j) This Code does not apply to the process used by the 
Capital Development Board to retain an artist or work or works 
of art as required in Section 14 of the Capital Development 
Board Act. 
    (k) This Code does not apply to the process to procure 
contracts, or contracts entered into, by the State Board of 
Elections or the State Electoral Board for hearing officers 
appointed pursuant to the Election Code. 
    (l) This Code does not apply to the processes used by the 
Illinois Student Assistance Commission to procure supplies and 
services paid for from the private funds of the Illinois 
Prepaid Tuition Fund. As used in this subsection (l), "private 
funds" means funds derived from deposits paid into the 
Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
    (m) This Code shall apply regardless of the source of 
funds with which contracts are paid, including federal 
assistance moneys. Except as specifically provided in this 
Code, this Code shall not apply to procurement expenditures 
necessary for the Department of Public Health to conduct the 
Healthy Illinois Survey in accordance with Section 2310-431 of 
the Department of Public Health Powers and Duties Law of the 
Civil Administrative Code of Illinois. 
(Source: P.A. 103-8, eff. 6-7-23; 103-103, eff. 6-27-23; 
103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594, eff. 
6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25; 104-2, 
eff. 6-16-25; 104-417, eff. 8-15-25; 104-458, eff. 6-1-26; 
revised 1-12-26.)
 
    Section 10. The Public Utilities Act is amended by 
changing Section 8-512 as follows:
 
    (220 ILCS 5/8-512)
    (Text of Section before amendment by P.A. 104-458)
    Sec. 8-512. Renewable energy access plan.
    (a) It is the policy of this State to promote 
cost-effective transmission system development that ensures 
reliability of the electric transmission system, lowers carbon 
emissions, minimizes long-term costs for consumers, and 
supports the electric policy goals of this State. The General 
Assembly finds that:
        (1) Transmission planning, primarily for reliability 
    purposes, but also for economic and public policy reasons 
    is conducted by regional transmission organizations in 
    which transmission-owning Illinois utilities and other 
    stakeholders are members.
        (2) Order No. 1000 of the Federal Energy Regulatory 
    Commission requires regional transmission organizations to 
    plan for transmission system needs in light of State 
    public policies and to accept input from states during the 
    transmission system planning processes.
        (3) The State of Illinois does not currently have a 
    comprehensive power and environmental policy planning 
    process to identify transmission infrastructure needs that 
    can serve as a vital input into the regional and 
    interregional transmission organization planning 
    processes conducted under Order No. 1000 and other laws 
    and regulations.
        (4) This State is an electricity generation and power 
    transmission hub, and can leverage that position to invest 
    in infrastructure that enables new and existing Illinois 
    generators to meet the public policy goals of the State of 
    Illinois and of interconnected states while 
    cost-effectively supporting tens of thousands of jobs in 
    the renewable energy sector in this State.
        (5) The nation has a need to readily access this 
    State's low-cost, clean electric power, and this State 
    also desires access to clean energy resources in other 
    states to develop and support its low-carbon economy and 
    keep electricity prices low in Illinois and interconnected 
    States.
        (6) Existing transmission infrastructure may constrain 
    the State's achievement of 100% renewable energy by 2050, 
    the accelerated adoption of electric vehicles in a just 
    and equitable way, and electrification of additional 
    sectors of the Illinois economy.
        (7) Transmission system congestion within this State 
    and the regional transmission organizations serving this 
    State limits the ability of this State's existing and new 
    electric generation facilities that do not emit carbon 
    dioxide, including renewable energy resources and zero 
    emission facilities, to serve the public policy goals of 
    this State and other states, which constrains investment 
    in this State.
        (8) Investment in infrastructure to support existing 
    and new electric generation facilities that do not emit 
    carbon dioxide, including renewable energy resources and 
    zero emission facilities, stimulates significant economic 
    development and job growth in this State, as well as 
    creates environmental and public health benefits in this 
    State.
        (9) Creating a forward-looking plan for this State's 
    electric transmission infrastructure, as opposed to 
    relying on case-by-case development and repeated marginal 
    upgrades, will achieve a lower-cost system for Illinois' 
    electricity customers. A forward-looking plan can also 
    help integrate and achieve a comprehensive set of 
    objectives and multiple state, regional, and national 
    policy goals.
        (10) Alternatives to overhead electric transmission 
    lines can achieve cost-effective resolution of system 
    impacts and warrant investigation of the circumstances 
    under which those alternatives should be considered and 
    approved. The alternatives are likely to be beneficial as 
    investment in electric transmission infrastructure moves 
    forward.
        (11) Because transmission planning is conducted 
    primarily by the regional transmission organizations, the 
    Commission should be advocating for the State's interests 
    at the regional transmission organizations to ensure that 
    such planning facilitates the State's policies and goals, 
    including overall consumer savings, power system 
    reliability, economic development, environmental 
    improvement, and carbon reduction.
    (b) Consistent with the findings identified in subsection 
(a), the Commission shall open an investigation to develop and 
adopt a renewable energy access plan no later than December 
31, 2022. To assist and support the Commission in the 
development of the plan, the Commission shall retain the 
services of technical and policy experts with relevant fields 
of expertise, solicit technical and policy analysis from the 
public, and provide for a 120-day open public comment period 
after publication of a draft report, which shall be published 
no later than 90 days after the comment period ends. The plan 
shall, at a minimum, do the following:
        (1) designate renewable energy access plan zones 
    throughout this State in areas in which renewable energy 
    resources and suitable land areas are sufficient for 
    developing generating capacity from renewable energy 
    technologies;
        (2) develop a plan to achieve transmission capacity 
    necessary to deliver the electric output from renewable 
    energy technologies in the renewable energy access plan 
    zones to customers in Illinois and other states in a 
    manner that is most beneficial and cost-effective to 
    customers;
        (3) use this State's position as an electricity 
    generation and power transmission hub to create new 
    investment in this State's renewable energy resources;
        (4) consider programs, policies, and electric 
    transmission projects that can be adopted within this 
    State that promote the cost-effective delivery of power 
    from renewable energy resources interconnected to the bulk 
    electric system to meet the renewable portfolio standard 
    targets under subsection (c) of Section 1-75 of the 
    Illinois Power Agency Act;
        (5) consider proposals to improve regional 
    transmission organizations' regional and interregional 
    system planning processes, especially proposals that 
    reduce costs and emissions, create jobs, and increase 
    State and regional power system reliability to prevent 
    high-cost outages that can endanger lives, and analyze of 
    how those proposals would improve reliability and 
    cost-effective delivery of electricity in Illinois and the 
    region;
        (6) make findings and policy recommendations based on 
    technical and policy analysis regarding locations of 
    renewable energy access plan zones and the transmission 
    system developments needed to cost-effectively achieve the 
    public policy goals identified herein;
        (6.5) make findings and policy recommendations based 
    on analysis regarding the impact of converting non-powered 
    dams to hydropower dams relative to the alternative 
    renewable energy resources; and 
        (7) present the Commission's conclusions and proposed 
    recommendations based on its analysis and use the findings 
    and policy recommendations to determine actions that the 
    Commission should take.
    (c) No later than December 31, 2025, and every other year 
thereafter, the Commission shall open an investigation to 
develop and adopt an updated renewable energy access plan 
that, at a minimum, evaluates the implementation and 
effectiveness of the renewable energy access plan, recommends 
improvements to the renewable energy access plan, and provides 
changes to transmission capacity necessary to deliver electric 
output from the renewable energy access plan zones.
(Source: P.A. 102-662, eff. 9-15-21; 103-380, eff. 1-1-24.)
 
    (Text of Section after amendment by P.A. 104-458)
    Sec. 8-512. Renewable energy access plan.
    (a) It is the policy of this State to promote 
cost-effective transmission system development that ensures 
reliability of the electric transmission system, lowers carbon 
emissions, minimizes long-term costs for consumers, and 
supports the electric policy goals of this State. The General 
Assembly finds that:
        (1) Transmission planning, primarily for reliability 
    purposes, but also for economic and public policy reasons 
    is conducted by regional transmission organizations in 
    which transmission-owning Illinois utilities and other 
    stakeholders are members.
        (2) Order No. 1000 of the Federal Energy Regulatory 
    Commission requires regional transmission organizations to 
    plan for transmission system needs in light of State 
    public policies and to accept input from states during the 
    transmission system planning processes.
        (3) The State of Illinois does not currently have a 
    comprehensive power and environmental policy planning 
    process to identify transmission infrastructure needs that 
    can serve as a vital input into the regional and 
    interregional transmission organization planning 
    processes conducted under Order No. 1000 and other laws 
    and regulations.
        (4) This State is an electricity generation and power 
    transmission hub, and can leverage that position to invest 
    in infrastructure that enables new and existing Illinois 
    generators to meet the public policy goals of the State of 
    Illinois and of interconnected states while 
    cost-effectively supporting tens of thousands of jobs in 
    the renewable energy sector in this State.
        (5) The nation has a need to readily access this 
    State's low-cost, clean electric power, and this State 
    also desires access to clean energy resources in other 
    states to develop and support its low-carbon economy and 
    keep electricity prices low in Illinois and interconnected 
    States.
        (6) Existing transmission infrastructure may constrain 
    the State's achievement of 100% renewable energy by 2050, 
    the accelerated adoption of electric vehicles in a just 
    and equitable way, and electrification of additional 
    sectors of the Illinois economy.
        (7) Transmission system congestion within this State 
    and the regional transmission organizations serving this 
    State limits the ability of this State's existing and new 
    electric generation facilities that do not emit carbon 
    dioxide, including renewable energy resources and zero 
    emission facilities, to serve the public policy goals of 
    this State and other states, which constrains investment 
    in this State.
        (8) Investment in infrastructure to support existing 
    and new electric generation facilities that do not emit 
    carbon dioxide, including renewable energy resources and 
    zero emission facilities, stimulates significant economic 
    development and job growth in this State, as well as 
    creates environmental and public health benefits in this 
    State.
        (9) Creating a forward-looking plan for this State's 
    electric transmission infrastructure, as opposed to 
    relying on case-by-case development and repeated marginal 
    upgrades, will achieve a lower-cost system for Illinois' 
    electricity customers. A forward-looking plan can also 
    help integrate and achieve a comprehensive set of 
    objectives and multiple state, regional, and national 
    policy goals.
        (10) Alternatives to overhead electric transmission 
    lines can achieve cost-effective resolution of system 
    impacts and warrant investigation of the circumstances 
    under which those alternatives should be considered and 
    approved. The alternatives are likely to be beneficial as 
    investment in electric transmission infrastructure moves 
    forward.
        (11) Because transmission planning is conducted 
    primarily by the regional transmission organizations, the 
    Commission should be advocating for the State's interests 
    at the regional transmission organizations to ensure that 
    such planning facilitates the State's policies and goals, 
    including overall consumer savings, power system 
    reliability, economic development, environmental 
    improvement, and carbon reduction.
        (12) Advanced transmission technologies have an 
    important role to play in meeting the State's clean energy 
    goals. For the purposes of this Section, "advanced 
    transmission technology" is hardware or software that 
    provides cost-effective increases to the capacity, 
    efficiency, or reliability of existing transmission 
    infrastructure, and includes, but is not limited to: (i) 
    technology that dynamically adjusts the rated capacity of 
    transmission lines based on real-time conditions; (ii) 
    advanced power flow controls used to actively control the 
    flow of electricity across transmission lines to optimize 
    usage or relieve congestion; (iii) software or hardware 
    used to identify optimal transmission grid configurations 
    or enable routing power flows around congestion points; 
    and (iv) advanced transmission line conductors that have a 
    direct current electrical resistance at least 10% lower 
    than existing conductors of a similar diameter on the 
    transmission system. 
    (b) Consistent with the findings identified in subsection 
(a), the Commission shall open an investigation to develop and 
adopt an initial renewable energy access plan no later than 
December 31, 2022. To assist and support the Commission in the 
development of the plan, the Commission shall retain the 
services of technical and policy experts with relevant fields 
of expertise, solicit technical and policy analysis from the 
public, and provide for a 120-day open public comment period 
after publication of a draft report, which shall be published 
no later than 90 days after the comment period ends. The plan 
shall, at a minimum, do the following:
        (1) designate renewable energy access plan zones 
    throughout this State in areas in which renewable energy 
    resources and suitable land areas are sufficient for 
    developing generating capacity from renewable energy 
    technologies;
        (2) develop a plan to achieve transmission capacity 
    necessary to deliver the electric output from renewable 
    energy technologies in the renewable energy access plan 
    zones to customers in Illinois and other states in a 
    manner that is most beneficial and cost-effective to 
    customers;
        (3) use this State's position as an electricity 
    generation and power transmission hub to create new 
    investment in this State's renewable energy resources;
        (4) consider programs, policies, and electric 
    transmission projects that can be adopted within this 
    State that promote the cost-effective delivery of power 
    from renewable energy resources interconnected to the bulk 
    electric system to meet the renewable portfolio standard 
    targets under subsection (c) of Section 1-75 of the 
    Illinois Power Agency Act;
        (5) consider proposals to improve regional 
    transmission organizations' regional and interregional 
    system planning processes, especially proposals that 
    reduce costs and emissions, create jobs, and increase 
    State and regional power system reliability to prevent 
    high-cost outages that can endanger lives, and analyze of 
    how those proposals would improve reliability and 
    cost-effective delivery of electricity in Illinois and the 
    region;
        (6) make findings and policy recommendations based on 
    technical and policy analysis regarding locations of 
    renewable energy access plan zones and the transmission 
    system developments needed to cost-effectively achieve the 
    public policy goals identified herein;
        (6.5) make findings and policy recommendations based 
    on analysis regarding the impact of converting non-powered 
    dams to hydropower dams relative to the alternative 
    renewable energy resources; and 
        (7) present the Commission's conclusions and proposed 
    recommendations based on its analysis and use the findings 
    and policy recommendations to determine actions that the 
    Commission should take.
    (c) No later than December 31, 2025, and updated no later 
than 180 days after the effective date of this amendatory Act 
of the 104th General Assembly to incorporate changes pursuant 
to this amendatory Act of the 104th General Assembly, and 
every other year thereafter starting in 2028, the Commission 
shall open an investigation to develop and adopt a renewable 
energy access plan update that considers electric transmission 
projects, transmission policies, transmission alternatives, 
advanced transmission technologies, other ways to expand 
capacity on existing or future transmission, and transmission 
headroom and, at a minimum:
        (1) evaluates the implementation and effectiveness of 
    the renewable energy access plan;
        (2) recommends improvements to the renewable energy 
    access plan;
        (3) includes updated inputs and assumptions developed 
    under the integrated resource plan developed and approved 
    pursuant to Section 16-201 and Section 16-202;
        (4) may request utilities and other parties to 
    specifically identify all elements of the existing 
    transmission system where advanced transmission 
    technologies are likely to achieve enhanced system 
    resilience or reliability, reduce potential siting 
    conflicts or land impacts from the development of new 
    transmission lines, promote the cost-effective delivery of 
    power from renewable energy resources interconnected to 
    the bulk electric system, enable the interconnection of 
    renewable energy resources, or reduce curtailment of 
    renewable energy resources. The plan must identify all 
    elements of the existing transmission system which have 
    experienced capacity constraints or congestion within the 
    prior 2 years and explain whether any advanced 
    transmission technology could reduce or resolve the 
    capacity constraint or congestion;
        (5) includes an evaluation of identified and proposed 
    transmission projects, including proposed advanced 
    transmission technology projects, based on independent 
    analysis of costs and benefits, including customer bill 
    impacts over the life of the project and achievement of 
    State clean energy goals. Projects shall be evaluated in 
    coordination with other proposals, and may include a 
    combined evaluation of portfolios of projects;
        (6) develops a recommended list of transmission 
    projects and advanced transmission technology projects 
    that achieve the clean energy public policy objectives of 
    the State. Nothing in this Section shall limit the 
    recommended list of transmission projects to those 
    initially proposed. However, no transmission or advanced 
    transmission technology project can be included in the 
    recommended list unless evaluated; and
        (7) considers additional mechanisms designed to 
    capture the potential value of geographically diverse 
    resources that proposed interregional transmission 
    projects may provide. 
    The Commission may evaluate options for implementation of 
the recommended list of transmission projects and advanced 
transmission technology projects that achieve the clean energy 
public policy objectives of the State, including through the 
use of a state agreement approach or a similar structure made 
available through the relevant regional transmission 
organizations, and approves final recommendations on 
implementation.
    The Commission may invite any interested party to identify 
transmission projects, including any associated network 
upgrades, necessary to facilitate achievement of the goals of 
the plan and the most recently approved integrated resource 
plan. Proposals for projects shall include a description of 
each project; a proposed target date for completion; an 
estimated timeline for development; the energy, capacity, and 
generation profile of renewable generation and energy storage 
enabled by the project; anticipated new loads served by the 
project; the proposed technology used, including the use of 
any advanced transmission technologies; and the status of any 
permits or approvals necessary. For projects with a target 
completion date of within 5 years from the date of proposal, 
the proposal must also include an estimated cost of the 
project and the proposed routing corridor. The Commission 
shall aim to complete the updated plan investigation within 12 
months of opening.
    (d) Each transmission-owning State utility serving more 
than 200,000 customers in this State may prepare a plan for 
integrating advanced transmission technologies into the 
utility's existing transmission system. The plan must identify 
all elements of the existing transmission system where 
advanced transmission technologies are likely to achieve any 
of the following purposes:
        (1) enhance system resilience or reliability;
        (2) reduce potential siting conflicts or land impacts 
    from the development of new transmission lines;
        (3) promote the cost-effective delivery of power from 
    renewable energy resources interconnected to the bulk 
    electric system to meet the renewable portfolio standard 
    targets under subsection (c) of Section 1-75 of the 
    Illinois Power Agency Act;
        (4) enable the interconnection of renewable energy 
    resources to meet the renewable portfolio standard targets 
    under subsection (c) of Section 1-75 of the Illinois Power 
    Agency Act; or
        (5) reduce curtailment of renewable or zero-carbon 
    resources.
    The plan must identify all elements of the existing 
transmission system which have experienced capacity 
constraints or congestion within the prior 2 years and explain 
whether any advanced transmission technology could reduce or 
resolve the capacity constraint or congestion. Each 
transmission-owning State utility may submit an advanced 
transmission technology integration plan to the Commission for 
consideration as part of the Commission's updated renewable 
energy access plan investigation under subsection (c). In the 
Commission's updated renewable energy access plan, the 
Commission may evaluate, request modifications for, change the 
timelines of implementation for, and determine the next steps 
for each advanced transmission integration plan.
    (e) Each transmission-owning State utility serving more 
than 200,000 customers in this State may conduct a 
comprehensive Transmission Headroom Study that shall identify, 
at a minimum, the points of interconnection with unused, 
existing transmission headroom on the State system, including 
available capacity behind existing, underutilized points of 
interconnection, and the amount of available headroom in 
megawatts at each identified point of interconnection. Each 
transmission-owning State utility may submit a Transmission 
Headroom Study to the Commission for consideration as part of 
the Commission's updated renewable energy access plan 
investigation under subsection (c).
    (f) The Commission shall approve an updated renewable 
energy access plan if it finds that, at a minimum, the evidence 
in the investigation meets the criteria outlined in subsection 
(c) and demonstrates that the updated plan will support the 
clean energy public policy objectives of the State. 
    (g) The Commission shall notify the applicable regional 
transmission organizations and utilities of any final 
recommendations to support the clean energy public policy 
objectives of the State.
    (h) Nothing in this Section alters the rights of 
transmission utilities (i) under rates on file with the 
Federal Energy Regulatory Commission or the Illinois Commerce 
Commission, (ii) under orders and determinations of the 
Federal Energy Regulatory Commission or a regional 
transmission organization, or (iii) under applicable State 
laws and policies.
    (i) To assist and support the Commission in the 
development of renewable energy access plan updates, the 
Commission may retain the services of technical and policy 
experts with relevant expertise and experience. Such 
procurement is exempt from the requirements of the Illinois 
Procurement Code under Section 1-10 of the Illinois 
Procurement Code. The procurement process shall be conducted 
in a manner that is substantially in accordance with the 
requirements of Article 50 of the Illinois Procurement Code. 
(Source: P.A. 103-380, eff. 1-1-24; 104-458, eff. 6-1-26.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.